Facing any kind of harassment or discrimination at work can take a toll on your well-being. New Jersey state laws and federal laws prohibit discrimination at the workplace, and yet, countless incidents happen across industries. Sexual harassment cases are complex and unique in many ways. If you are being sexually harassed, you need to schedule a legal consultation meeting with an experienced employment law attorney at the earliest. In this post, we are sharing some common myths about sexual harassment and legal options you can consider.
Dispelling the common myths
- Only women face sexual harassment at work: That’s not accurate. While most victims are predominantly female, men also face such harassment at work, and the harasser could be a male or a female.
- Sexual harassment is about physical touch alone: While someone touching or groping you is a clear example of sexual harassment; it can also happen in other forms. Other instances include passing lewd remarks, comments, and jokes, especially in a recurring manner.
- An imbalance of power is necessary for your case: There is no denying that power dynamics often play a role in many sexual harassment cases, but that doesn’t have to be in every situation. Victims may have faced such harassment from customers, peers, colleagues, or even juniors.
- Provocative dressing is a reason: No one can justify their action of harassment because you have dressed in a certain way. Your appearance cannot be a reason for someone to behave inappropriately.
- Intentions matter: While someone may not have a direct intention to harass you, there is still scope to pursue a case when their actions were offensive. The impact is more critical for such cases than the actual intent.
Lastly, it is a common myth that the harasser will stop if you choose to ignore their behavior. Yes, you can certainly warn them but don’t take the situation for granted.
Understand the legal options
There are several ways to deal with a sexual harassment case –
- Filing a complaint with the Division on Civil Rights: You can choose to file a complaint with the Division on Civil Rights in New Jersey, for which you have a time cap of 180 days from the date when the harassment happened.
- Filing a complaint with EEOC: You can also file a complaint with the Equal Employment Opportunity Commission, for which you have 300 days from the date when you suffered sexual harassment.
You cannot proceed with both and must adhere to one.
Meeting an employment law attorney
You have to consider meeting an attorney specializing in employment law in New Jersey for a quick evaluation of your case. The lawyer will start with an assessment. Just because you believe you have a case of sexual harassment doesn’t always mean it will hold. Also, they will consider all relevant aspects, including the evidence you have and the steps you have taken so far. The lawyer will then explain the state laws and legal options in detail, with the pros and cons. They will state the expected outcomes. If you have been wrongfully fired from the job because you complained about sexual harassment, your lawyer will fight for your rights and can get you reinstated.
Find a legal expert you can trust
Before you get an employment lawyer, ask whether they fight for employees and have handled sexual harassment cases in the past. You should also check whether the law firm has great reviews, and for a particular lawyer, you may want to check whether they have been disciplined by the bar. As long as you can find a dependable lawyer who is easy to talk to and discuss your case, you are in safe hands.